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91_HB1383enr HB1383 Enrolled LRB9103127MWgc 1 AN ACT concerning wireless 9-1-1 service. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Wireless Emergency Telephone Safety Act. 6 Section 5. Purpose. The General Assembly finds and 7 declares it is in the public interest to promote the use of 8 wireless 9-1-1 and wireless enhanced 9-1-1 (E9-1-1) service 9 in order to save lives and protect the property of the 10 citizens of the State of Illinois. 11 Wireless carriers are required by the Federal 12 Communications Commission (FCC) to provide E9-1-1 service in 13 the form of automatic location identification and automatic 14 number identification pursuant to policies set forth by the 15 FCC. 16 Public safety agencies and wireless carriers are 17 encouraged to work together to provide emergency access to 18 wireless 9-1-1 and wireless E9-1-1 service. Public safety 19 agencies and wireless carriers operating wireless 9-1-1 and 20 wireless E9-1-1 systems require adequate funding to recover 21 the costs of designing, purchasing, installing, testing, and 22 operating enhanced facilities, systems, and services 23 necessary to comply with the wireless E9-1-1 requirements 24 mandated by the Federal Communications Commission and to 25 maximize the availability of wireless E9-1-1 services 26 throughout the State of Illinois. 27 The revenues generated by the wireless carrier surcharge 28 enacted by this Act are required to fund the efforts of the 29 wireless carriers, emergency telephone system boards, 30 qualified governmental entities, and the Department of State 31 Police to improve the public health, safety, and welfare and HB1383 Enrolled -2- LRB9103127MWgc 1 to serve a public purpose by providing emergency telephone 2 assistance through wireless communications. 3 It is the intent of the General Assembly to: 4 (1) establish and implement a cohesive statewide 5 emergency telephone number that will provide wireless 6 telephone users with rapid direct access to public safety 7 agencies by dialing the telephone number 9-1-1; 8 (2) encourage wireless carriers and public safety 9 agencies to provide E9-1-1 services that will assist 10 public safety agencies in determining the caller's 11 approximate location and wireless telephone number; 12 (3) grant authority to public safety agencies not 13 already in possession of the authority to finance the 14 cost of installing and operating wireless 9-1-1 systems 15 and reimbursing wireless carriers for costs incurred to 16 provide wireless E9-1-1 services; and 17 (4) provide for a reasonable fee on wireless 18 telephone service subscribers to accomplish these 19 purposes. 20 Section 10. Definitions. In this Act: 21 "Emergency telephone system board" means a board 22 appointed by the corporate authorities of any county or 23 municipality that provides for the management and operation 24 of a 9-1-1 system within the scope of the duties and powers 25 prescribed by the Emergency Telephone System Act. 26 "Master street address guide" means the computerized 27 geographical database that consists of all street and address 28 data within a 9-1-1 system. 29 "Public safety agency" means a functional division of a 30 public agency that provides fire fighting, police, medical, 31 or other emergency services. For the purpose of providing 32 wireless service to users of 9-1-1 emergency services, as 33 expressly provided for in this Act, the Department of State HB1383 Enrolled -3- LRB9103127MWgc 1 Police may be considered a public safety agency. 2 "Qualified governmental entity" means a unit of local 3 government authorized to provide 9-1-1 services pursuant to 4 the Emergency Telephone System Act where no emergency 5 telephone system board exists. 6 "Statewide wireless emergency 9-1-1 system" means all 7 areas of the State where an emergency telephone system board 8 or, in the absence of an emergency telephone system board, a 9 qualified governmental entity has not declared its intention 10 for one or more of its public safety answering points to 11 serve as a primary wireless 9-1-1 public safety answering 12 point for its jurisdiction. The operator of the statewide 13 wireless emergency 9-1-1 system shall be the Department of 14 State Police. 15 "Wireless carrier" means a provider of two-way cellular, 16 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial 17 Mobile Radio Service (CMRS), Wireless Communications Service 18 (WCS), or other Commercial Mobile Radio Service (CMRS), as 19 defined by the Federal Communications Commission, offering 20 radio communications that may provide fixed, mobile, radio 21 location, or satellite communication services to individuals 22 or businesses within its assigned spectrum block and 23 geographical area or that offers real-time, two-way voice 24 service that is interconnected with the public switched 25 network, including a reseller of such service. 26 "Wireless enhanced 9-1-1" means the ability to relay the 27 telephone number of the originator of a 9-1-1 call and the 28 location of the cell site or base station receiving a 9-1-1 29 call from any mobile handset or text telephone device 30 accessing the wireless system to the designated wireless 31 public safety answering point through the use of automatic 32 number identification and pseudo-automatic number 33 identification. 34 "Wireless public safety answering point" means the HB1383 Enrolled -4- LRB9103127MWgc 1 functional division of an emergency telephone system board, 2 qualified governmental entity, or the Department of State 3 Police accepting wireless 9-1-1 calls. 4 "Wireless subscriber" means an individual or entity to 5 whom a wireless service account or number has been assigned 6 by a wireless carrier. 7 Section 15. Wireless emergency 9-1-1 service. The 8 digits "9-1-1" shall be the designated emergency telephone 9 number within the wireless system. 10 (a) Standards. The Illinois Commerce Commission may set 11 non-discriminatory, uniform technical and operational 12 standards consistent with the rules of the Federal 13 Communications Commission for directing calls to authorized 14 public safety answering points. These standards shall not in 15 any way prescribe the technology or manner a wireless carrier 16 shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls 17 and these standards shall not exceed the requirements set by 18 the Federal Communications Commission. However, standards 19 for directing calls to the authorized public safety answering 20 point shall be included. The authority given to the Illinois 21 Commerce Commission in this Section is limited to setting 22 standards as set forth herein and does not constitute 23 authority to regulate wireless carriers. 24 (b) Wireless public safety answering points. For the 25 purpose of providing wireless 9-1-1 emergency services, an 26 emergency telephone system board or, in the absence of an 27 emergency telephone system board, a qualified governmental 28 entity may declare its intention for one or more of its 29 public safety answering points to serve as a primary wireless 30 9-1-1 public safety answering point for its jurisdiction by 31 notifying the Chief Clerk of the Illinois Commerce Commission 32 and the Director of State Police in writing within 6 months 33 after the effective date of this Act or within 6 months after HB1383 Enrolled -5- LRB9103127MWgc 1 receiving its authority to operate a 9-1-1 system under the 2 Emergency Telephone System Act, whichever is later. In 3 addition, 2 or more emergency telephone system boards or 4 qualified units of local government may, by virtue of an 5 intergovernmental agreement, provide wireless 9-1-1 service. 6 The Department of State Police shall be the primary wireless 7 9-1-1 public safety answering point for any jurisdiction not 8 providing notice to the Commission and the Department of 9 State Police. Nothing in this Act shall require the 10 provision of wireless enhanced 9-1-1 services. 11 The Illinois Commerce Commission, upon a joint request 12 from the Department of State Police and a qualified 13 governmental entity or an emergency telephone system board, 14 may grant authority to the emergency telephone system board 15 or a qualified governmental entity to provide wireless 9-1-1 16 service in areas for which the Department of State Police has 17 accepted wireless 9-1-1 responsibility. The Illinois 18 Commerce Commission shall maintain a current list of all 19 9-1-1 systems and qualified governmental entities providing 20 wireless 9-1-1 service under this Act. 21 Any emergency telephone system board or qualified 22 governmental entity providing wireless 9-1-1 service prior to 23 the effective date of this Act may continue to operate upon 24 notification as previously described in this Section. An 25 emergency telephone system board or a qualified governmental 26 entity shall submit, with its notification, the date upon 27 which it commenced operating. 28 (c) Wireless Enhanced 9-1-1 Board. The Wireless 29 Enhanced 9-1-1 Board is created. The Board consists of 7 30 members appointed by the Governor with the advice and consent 31 of the Senate. It is recommended that the Governor appoint 32 members from the following: the Illinois Chapter of the 33 National Emergency Numbers Association, the Illinois State 34 Police, law enforcement agencies, the wireless HB1383 Enrolled -6- LRB9103127MWgc 1 telecommunications industry, an emergency telephone system 2 board in Cook County (outside the City of Chicago), an 3 emergency telephone system board in the Metro-east area, and 4 an emergency telephone system board in the collar counties 5 (Lake, McHenry, DuPage, Kane, and Will counties). Members of 6 the Board may not receive any compensation but may, however, 7 be reimbursed for any necessary expenditure in connection 8 with their duties. 9 Except as provided in Section 45, the Wireless Enhanced 10 9-1-1 Board shall set the amount of the monthly wireless 11 surcharge required to be imposed under Section 17 on all 12 wireless subscribers in this State. The surcharge may not be 13 more than $0.75 per month per CMRS connection. 14 The Wireless Enhanced 9-1-1 Board shall report to the 15 General Assembly by January 1, 2000 on implementing wireless 16 non-emergency services for the purpose of public safety using 17 the digits 3-1-1. The Board shall consider the delivery of 18 3-1-1 services in a 6 county area, including rural Cook 19 County (outside of the City of Chicago), and DuPage, Lake, 20 McHenry, Will, and Kane Counties, as well as counties outside 21 of this area by an emergency telephone system board, a 22 qualified governmental entity, or private industry. Upon 23 filing its report, the Board is dissolved. 24 Section 17. Wireless carrier surcharge. 25 (a) Except as provided in Section 45, each wireless 26 carrier shall impose a monthly wireless carrier surcharge per 27 CMRS connection that either has a telephone number within an 28 area code assigned to Illinois by the North American 29 Numbering Plan Administrator or has a billing address in this 30 State. The wireless carrier that provides wireless service 31 to the subscriber shall collect the surcharge set by the 32 Wireless Enhanced 9-1-1 Board from the subscriber. The 33 surcharge shall be stated as a separate item on the HB1383 Enrolled -7- LRB9103127MWgc 1 subscriber's monthly bill. The wireless carrier shall begin 2 collecting the surcharge on bills issued within 90 days after 3 the Wireless Enhanced 9-1-1 Board sets the monthly wireless 4 surcharge. State and local taxes shall not apply to the 5 wireless carrier surcharge. 6 (b) Except as provided in Section 45, a wireless carrier 7 shall, within 45 days of collection, remit, either by check 8 or by electronic funds transfer, to the State Treasurer the 9 amount of the wireless carrier surcharge collected from each 10 subscriber. Of the amounts remitted under this subsection, 11 the State Treasurer shall deposit one-third into the Wireless 12 Carrier Reimbursement Fund and two-thirds into the Wireless 13 Service Emergency Fund. 14 (c) The first such remittance by wireless carriers shall 15 include the number of customers by zip code, and the 9-digit 16 zip code if currently being used or later implemented by the 17 carrier, that shall be the means by which the Department of 18 Central Management Services shall determine distributions 19 from the Wireless Service Emergency Fund. This information 20 shall be updated no less often than every year. Wireless 21 carriers are not required to remit surcharge moneys that are 22 billed to subscribers but not yet collected. 23 Section 20. Wireless Service Emergency Fund; uses. The 24 Wireless Service Emergency Fund is created as a special fund 25 in the State treasury. Subject to appropriation, moneys in 26 the Wireless Service Emergency Fund may only be used for 27 grants for emergency telephone system boards, qualified 28 government entities, or the Department of State Police. 29 These grants may be used only for the design, implementation, 30 operation, maintenance, or upgrade of wireless 9-1-1 or 31 E9-1-1 emergency services and public safety answering points, 32 and for no other purposes. 33 The moneys received by the Department of State Police HB1383 Enrolled -8- LRB9103127MWgc 1 from the Wireless Service Emergency Fund, in any year, may be 2 used for any costs relating to the leasing, modification, or 3 maintenance of any building or facility used to house 4 personnel or equipment associated with the operation of 5 wireless 9-1-1 or wireless E9-1-1 emergency services, to 6 ensure service in those areas where service is not otherwise 7 provided. 8 Moneys from the Wireless Service Emergency Fund may not 9 be used to pay for or recover any costs associated with 10 public safety agency equipment or personnel dispatched in 11 response to wireless 9-1-1 or wireless E9-1-1 emergency 12 calls. 13 Section 25. Wireless Service Emergency Fund; 14 distribution of moneys. Within 60 days after the effective 15 date of this Act, wireless carriers shall submit to the 16 Department of Central Management Services the number of 17 wireless subscribers by zip code and the 9-digit zip code of 18 the wireless subscribers, if currently being used or later 19 implemented by the carrier. 20 The Department of Central Management Services shall, 21 subject to appropriation, make monthly proportional grants to 22 the appropriate emergency telephone system board or qualified 23 governmental entity based upon the United States Postal Zip 24 Code of the wireless subscriber's billing address. No 25 matching funds shall be required from grant recipients. 26 If the Department of Central Management Services is 27 notified of an area of overlapping jurisdiction, grants for 28 that area shall be made based upon reference to an official 29 Master Street Address Guide to the emergency telephone system 30 board or qualified governmental entity whose public service 31 answering points provide wireless 9-1-1 service in that area. 32 The emergency telephone system board or qualified 33 governmental entity shall provide the Department of Central HB1383 Enrolled -9- LRB9103127MWgc 1 Management Services with a valid copy of the appropriate 2 Master Street Address Guide. The Department of Central 3 Management Services does not have a duty to verify 4 jurisdictional responsibility. 5 In the event of a subscriber billing address being 6 matched to an incorrect jurisdiction by the Department of 7 Central Management Services, the recipient, upon notification 8 from the Department of Central Management Services, shall 9 redirect the funds to the correct jurisdiction. The 10 Department of Central Management Services shall not be held 11 liable for any damages relating to an act or omission under 12 this Act, unless the act or omission constitutes gross 13 negligence, recklessness, or intentional misconduct. 14 In the event of a dispute between emergency telephone 15 system boards or qualified governmental entities concerning a 16 subscriber billing address, the Department of Central 17 Management Services shall resolve the dispute. 18 The Department of Central Management Services shall 19 maintain detailed records of all receipts and disbursements 20 and shall provide an annual accounting of all receipts and 21 disbursements to the Auditor General. 22 The Department of Central Management Services shall adopt 23 rules to govern the grant process. 24 Section 30. Wireless Carrier Reimbursement Fund; uses. 25 The Wireless Carrier Reimbursement Fund is created as a 26 special fund in the State treasury. Moneys in the Wireless 27 Carrier Reimbursement Fund may be used, subject to 28 appropriation, only to reimburse wireless carriers for all of 29 their costs incurred in complying with the applicable 30 provisions of Federal Communications Commission wireless 31 enhanced 9-1-1 service mandates. This reimbursement may 32 include, but need not be limited to, the cost of designing, 33 upgrading, purchasing, leasing, programming, installing, HB1383 Enrolled -10- LRB9103127MWgc 1 testing, and maintaining necessary data, hardware, and 2 software and associated operating and administrative costs 3 and overhead. 4 Section 35. Wireless Carrier Reimbursement Fund; 5 reimbursement. To recover costs from the Wireless Carrier 6 Reimbursement Fund, the wireless carrier shall submit sworn 7 invoices to the Department of Central Management Services. 8 In no event may any invoice for payment be approved for (i) 9 costs that are not related to compliance with the 10 requirements established by the wireless enhanced 9-1-1 11 mandates of the Federal Communications Commission, (ii) costs 12 with respect to any wireless enhanced 9-1-1 service that is 13 not operable at the time the invoice is submitted, or (iii) 14 costs of any wireless carrier exceeding 125% of the wireless 15 emergency services charges remitted to the Wireless Carrier 16 Reimbursement Fund by the wireless carrier under Section 17 17(b)unless the wireless carrier received prior approval for 18 the expenditures from the Department of Central Management 19 Services. 20 If in any month the total amount of invoices submitted to 21 the Department of Central Management Services and approved 22 for payment exceeds the amount available in the Wireless 23 Carrier Reimbursement Fund, wireless carriers that have 24 invoices approved for payment shall receive a pro-rata share 25 of the amount available in the Wireless Carrier Reimbursement 26 Fund based on the relative amount of their approved invoices 27 available that month, and the balance of the payments shall 28 be carried into the following months, and shall include 29 appropriate interest at the statutory rate, until all of the 30 approved payments are made. 31 A wireless carrier may not receive payment from the 32 Wireless Carrier Reimbursement Fund for its costs of 33 providing wireless enhanced 9-1-1 services in an area when a HB1383 Enrolled -11- LRB9103127MWgc 1 unit of local government or emergency telephone system board 2 provides wireless 9-1-1 services in that area and was 3 imposing and collecting a wireless carrier surcharge prior to 4 July 1, 1998. 5 The Department of Central Management Services shall 6 maintain detailed records of all receipts and disbursements 7 and shall provide an annual accounting of all receipts and 8 disbursements to the Auditor General. 9 The Department of Central Management Services shall adopt 10 rules to govern the reimbursement process. 11 Section 40. Public disclosure. Because of the highly 12 competitive nature of the wireless telephone industry, a 13 public disclosure of information about surcharge moneys paid 14 by wireless carriers could have the effect of stifling 15 competition to the detriment of the public and the delivery 16 of wireless 9-1-1 services. Therefore, the Department of 17 Central Management Services, the Department of State Police, 18 governmental agencies, and individuals with access to that 19 information shall take appropriate steps to prevent public 20 disclosure of this information. Information and data 21 supporting the amount and distribution of surcharge moneys 22 collected and remitted by an individual wireless carrier 23 shall be deemed exempt information for purposes of the 24 Freedom of Information Act and shall not be publicly 25 disclosed. The gross amount paid by all carriers shall not 26 be deemed exempt and may be publicly disclosed. 27 Section 45. Continuation of current practices. 28 Notwithstanding any other provision of this Act, a unit of 29 local government or emergency telephone system board 30 providing wireless 9-1-1 service and imposing and collecting 31 a wireless carrier surcharge prior to July 1, 1998 may 32 continue its practices of imposing and collecting its HB1383 Enrolled -12- LRB9103127MWgc 1 wireless carrier surcharge, but in no event shall that 2 monthly surcharge exceed $1.25 per commercial mobile radio 3 service (CMRS) connection or in-service telephone number 4 billed on a monthly basis. 5 Section 50. Limitation of liability. Notwithstanding any 6 other provision of law, in no event shall a unit of local 7 government, the Department of Central Management Services, 8 the Department of State Police, or a public safety agency, 9 public safety answering point, emergency telephone system 10 board, or wireless carrier, or its officers, employees, 11 assigns, or agents, be liable for any form of civil damages 12 or criminal liability that directly or indirectly results 13 from, or is caused by, any act or omission in the 14 development, design, installation, operation, maintenance, 15 performance, or provision of wireless 9-1-1 or wireless 16 E9-1-1 service, unless the act or omission constitutes gross 17 negligence, recklessness, or intentional misconduct. 18 A unit of local government, the Department of Central 19 Management Services, the Department of State Police, or a 20 public safety agency, public safety answering point, 21 emergency telephone system board, or wireless carrier, or its 22 officers, employees, assigns, or agents, shall not be liable 23 for any form of civil damages or criminal liability that 24 directly or indirectly results from, or is caused by, the 25 release of subscriber information to any governmental entity 26 as required under the provisions of this Act, unless the 27 release constitutes gross negligence, recklessness, or 28 intentional misconduct. 29 Section 55. Severability. If any provision of this Act 30 or its application to any person or circumstance is held 31 invalid, the invalidity of that provision or application does 32 not affect other provisions or applications of this Act that HB1383 Enrolled -13- LRB9103127MWgc 1 can be given effect without the invalid application or 2 provision. 3 Section 60. Home rule. A home rule unit, other than a 4 home rule municipality having a population in excess of 5 500,000 that was imposing its own surcharge on wireless 6 carriers prior to July 1, 1998, may not impose a separate 7 surcharge on wireless 9-1-1 service in addition to the 8 surcharge imposed on wireless 9-1-1 service under this Act. 9 This Section is a limitation under subsection (g) of Section 10 6 of Article VII of the Illinois Constitution on the powers 11 and functions of home rule units not exercised or performed 12 by the State. 13 Section 65. Review. This Act and any regulation 14 established by a State agency pursuant to this Act shall be 15 reviewed by the Auditor General prior to October 1, 2001. 16 Section 70. Repealer. This Act is repealed on April 1, 17 2005. 18 Section 800. The Freedom of Information Act is amended 19 by changing Section 7 as follows: 20 (5 ILCS 140/7) (from Ch. 116, par. 207) 21 Sec. 7. Exemptions. 22 (1) The following shall be exempt from inspection and 23 copying: 24 (a) Information specifically prohibited from 25 disclosure by federal or State law or rules and 26 regulations adopted under federal or State law. 27 (b) Information that, if disclosed, would 28 constitute a clearly unwarranted invasion of personal 29 privacy, unless the disclosure is consented to in writing HB1383 Enrolled -14- LRB9103127MWgc 1 by the individual subjects of the information. The 2 disclosure of information that bears on the public duties 3 of public employees and officials shall not be considered 4 an invasion of personal privacy. Information exempted 5 under this subsection (b) shall include but is not 6 limited to: 7 (i) files and personal information maintained 8 with respect to clients, patients, residents, 9 students or other individuals receiving social, 10 medical, educational, vocational, financial, 11 supervisory or custodial care or services directly 12 or indirectly from federal agencies or public 13 bodies; 14 (ii) personnel files and personal information 15 maintained with respect to employees, appointees or 16 elected officials of any public body or applicants 17 for those positions; 18 (iii) files and personal information 19 maintained with respect to any applicant, registrant 20 or licensee by any public body cooperating with or 21 engaged in professional or occupational 22 registration, licensure or discipline; 23 (iv) information required of any taxpayer in 24 connection with the assessment or collection of any 25 tax unless disclosure is otherwise required by State 26 statute; and 27 (v) information revealing the identity of 28 persons who file complaints with or provide 29 information to administrative, investigative, law 30 enforcement or penal agencies; provided, however, 31 that identification of witnesses to traffic 32 accidents, traffic accident reports, and rescue 33 reports may be provided by agencies of local 34 government, except in a case for which a criminal HB1383 Enrolled -15- LRB9103127MWgc 1 investigation is ongoing, without constituting a 2 clearly unwarranted per se invasion of personal 3 privacy under this subsection. 4 (c) Records compiled by any public body for 5 administrative enforcement proceedings and any law 6 enforcement or correctional agency for law enforcement 7 purposes or for internal matters of a public body, but 8 only to the extent that disclosure would: 9 (i) interfere with pending or actually and 10 reasonably contemplated law enforcement proceedings 11 conducted by any law enforcement or correctional 12 agency; 13 (ii) interfere with pending administrative 14 enforcement proceedings conducted by any public 15 body; 16 (iii) deprive a person of a fair trial or an 17 impartial hearing; 18 (iv) unavoidably disclose the identity of a 19 confidential source or confidential information 20 furnished only by the confidential source; 21 (v) disclose unique or specialized 22 investigative techniques other than those generally 23 used and known or disclose internal documents of 24 correctional agencies related to detection, 25 observation or investigation of incidents of crime 26 or misconduct; 27 (vi) constitute an invasion of personal 28 privacy under subsection (b) of this Section; 29 (vii) endanger the life or physical safety of 30 law enforcement personnel or any other person; or 31 (viii) obstruct an ongoing criminal 32 investigation. 33 (d) Criminal history record information maintained 34 by State or local criminal justice agencies, except the HB1383 Enrolled -16- LRB9103127MWgc 1 following which shall be open for public inspection and 2 copying: 3 (i) chronologically maintained arrest 4 information, such as traditional arrest logs or 5 blotters; 6 (ii) the name of a person in the custody of a 7 law enforcement agency and the charges for which 8 that person is being held; 9 (iii) court records that are public; 10 (iv) records that are otherwise available 11 under State or local law; or 12 (v) records in which the requesting party is 13 the individual identified, except as provided under 14 part (vii) of paragraph (c) of subsection (1) of 15 this Section. 16 "Criminal history record information" means data 17 identifiable to an individual and consisting of 18 descriptions or notations of arrests, detentions, 19 indictments, informations, pre-trial proceedings, trials, 20 or other formal events in the criminal justice system or 21 descriptions or notations of criminal charges (including 22 criminal violations of local municipal ordinances) and 23 the nature of any disposition arising therefrom, 24 including sentencing, court or correctional supervision, 25 rehabilitation and release. The term does not apply to 26 statistical records and reports in which individuals are 27 not identified and from which their identities are not 28 ascertainable, or to information that is for criminal 29 investigative or intelligence purposes. 30 (e) Records that relate to or affect the security 31 of correctional institutions and detention facilities. 32 (f) Preliminary drafts, notes, recommendations, 33 memoranda and other records in which opinions are 34 expressed, or policies or actions are formulated, except HB1383 Enrolled -17- LRB9103127MWgc 1 that a specific record or relevant portion of a record 2 shall not be exempt when the record is publicly cited and 3 identified by the head of the public body. The exemption 4 provided in this paragraph (f) extends to all those 5 records of officers and agencies of the General Assembly 6 that pertain to the preparation of legislative documents. 7 (g) Trade secrets and commercial or financial 8 information obtained from a person or business where the 9 trade secrets or information are proprietary, privileged 10 or confidential, or where disclosure of the trade secrets 11 or information may cause competitive harm, including all 12 information determined to be confidential under Section 13 4002 of the Technology Advancement and Development Act. 14 Nothing contained in this paragraph (g) shall be 15 construed to prevent a person or business from consenting 16 to disclosure. 17 (h) Proposals and bids for any contract, grant, or 18 agreement, including information which if it were 19 disclosed would frustrate procurement or give an 20 advantage to any person proposing to enter into a 21 contractor agreement with the body, until an award or 22 final selection is made. Information prepared by or for 23 the body in preparation of a bid solicitation shall be 24 exempt until an award or final selection is made. 25 (i) Valuable formulae, designs, drawings and 26 research data obtained or produced by any public body 27 when disclosure could reasonably be expected to produce 28 private gain or public loss. 29 (j) Test questions, scoring keys and other 30 examination data used to administer an academic 31 examination or determined the qualifications of an 32 applicant for a license or employment. 33 (k) Architects' plans and engineers' technical 34 submissions for projects not constructed or developed in HB1383 Enrolled -18- LRB9103127MWgc 1 whole or in part with public funds and for projects 2 constructed or developed with public funds, to the extent 3 that disclosure would compromise security. 4 (l) Library circulation and order records 5 identifying library users with specific materials. 6 (m) Minutes of meetings of public bodies closed to 7 the public as provided in the Open Meetings Act until the 8 public body makes the minutes available to the public 9 under Section 2.06 of the Open Meetings Act. 10 (n) Communications between a public body and an 11 attorney or auditor representing the public body that 12 would not be subject to discovery in litigation, and 13 materials prepared or compiled by or for a public body in 14 anticipation of a criminal, civil or administrative 15 proceeding upon the request of an attorney advising the 16 public body, and materials prepared or compiled with 17 respect to internal audits of public bodies. 18 (o) Information received by a primary or secondary 19 school, college or university under its procedures for 20 the evaluation of faculty members by their academic 21 peers. 22 (p) Administrative or technical information 23 associated with automated data processing operations, 24 including but not limited to software, operating 25 protocols, computer program abstracts, file layouts, 26 source listings, object modules, load modules, user 27 guides, documentation pertaining to all logical and 28 physical design of computerized systems, employee 29 manuals, and any other information that, if disclosed, 30 would jeopardize the security of the system or its data 31 or the security of materials exempt under this Section. 32 (q) Documents or materials relating to collective 33 negotiating matters between public bodies and their 34 employees or representatives, except that any final HB1383 Enrolled -19- LRB9103127MWgc 1 contract or agreement shall be subject to inspection and 2 copying. 3 (r) Drafts, notes, recommendations and memoranda 4 pertaining to the financing and marketing transactions of 5 the public body. The records of ownership, registration, 6 transfer, and exchange of municipal debt obligations, and 7 of persons to whom payment with respect to these 8 obligations is made. 9 (s) The records, documents and information relating 10 to real estate purchase negotiations until those 11 negotiations have been completed or otherwise terminated. 12 With regard to a parcel involved in a pending or actually 13 and reasonably contemplated eminent domain proceeding 14 under Article VII of the Code of Civil Procedure, 15 records, documents and information relating to that 16 parcel shall be exempt except as may be allowed under 17 discovery rules adopted by the Illinois Supreme Court. 18 The records, documents and information relating to a real 19 estate sale shall be exempt until a sale is consummated. 20 (t) Any and all proprietary information and records 21 related to the operation of an intergovernmental risk 22 management association or self-insurance pool or jointly 23 self-administered health and accident cooperative or 24 pool. 25 (u) Information concerning a university's 26 adjudication of student or employee grievance or 27 disciplinary cases, to the extent that disclosure would 28 reveal the identity of the student or employee and 29 information concerning any public body's adjudication of 30 student or employee grievances or disciplinary cases, 31 except for the final outcome of the cases. 32 (v) Course materials or research materials used by 33 faculty members. 34 (w) Information related solely to the internal HB1383 Enrolled -20- LRB9103127MWgc 1 personnel rules and practices of a public body. 2 (x) Information contained in or related to 3 examination, operating, or condition reports prepared by, 4 on behalf of, or for the use of a public body responsible 5 for the regulation or supervision of financial 6 institutions or insurance companies, unless disclosure is 7 otherwise required by State law. 8 (y) Information the disclosure of which is 9 restricted under Section 5-108 of the Public Utilities 10 Act. 11 (z) Manuals or instruction to staff that relate to 12 establishment or collection of liability for any State 13 tax or that relate to investigations by a public body to 14 determine violation of any criminal law. 15 (aa) Applications, related documents, and medical 16 records received by the Experimental Organ 17 Transplantation Procedures Board and any and all 18 documents or other records prepared by the Experimental 19 Organ Transplantation Procedures Board or its staff 20 relating to applications it has received. 21 (bb) Insurance or self insurance (including any 22 intergovernmental risk management association or self 23 insurance pool) claims, loss or risk management 24 information, records, data, advice or communications. 25 (cc) Information and records held by the Department 26 of Public Health and its authorized representatives 27 relating to known or suspected cases of sexually 28 transmissible disease or any information the disclosure 29 of which is restricted under the Illinois Sexually 30 Transmissible Disease Control Act. 31 (dd) Information the disclosure of which is 32 exempted under Section 30 of the Radon Industry Licensing 33 Act. 34 (ee) Firm performance evaluations under Section 55 HB1383 Enrolled -21- LRB9103127MWgc 1 of the Architectural, Engineering, and Land Surveying 2 Qualifications Based Selection Act. 3 (ff) Security portions of system safety program 4 plans, investigation reports, surveys, schedules, lists, 5 data, or information compiled, collected, or prepared by 6 or for the Regional Transportation Authority under 7 Section 2.11 of the Regional Transportation Authority Act 8 or the State of Missouri under the Bi-State Transit 9 Safety Act. 10 (gg) Information the disclosure of which is 11 restricted and exempted under Section 50 of the Illinois 12 Prepaid Tuition Act. 13 (hh) Information the disclosure of which is 14 exempted under Section 80 of the State Gift Ban Act. 15 (ii) Beginning July 1, 1999,(hh)information that 16 would disclose or might lead to the disclosure of secret 17 or confidential information, codes, algorithms, programs, 18 or private keys intended to be used to create electronic 19 or digital signatures under the Electronic Commerce 20 Security Act. 21 (jj) Information and data concerning the 22 distribution of surcharge moneys collected and remitted 23 by wireless carriers under the Wireless Emergency 24 Telephone Safety Act. 25 (2) This Section does not authorize withholding of 26 information or limit the availability of records to the 27 public, except as stated in this Section or otherwise 28 provided in this Act. 29 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 30 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 31 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.) 32 Section 805. The Civil Administrative Code of Illinois 33 is amended by changing Section 55a as follows: HB1383 Enrolled -22- LRB9103127MWgc 1 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 2 (Text of Section before amendment by P.A. 90-590) 3 Sec. 55a. Powers and duties. 4 (A) The Department of State Police shall have the 5 following powers and duties, and those set forth in Sections 6 55a-1 through 55c: 7 1. To exercise the rights, powers and duties which have 8 been vested in the Department of Public Safety by the State 9 Police Act. 10 2. To exercise the rights, powers and duties which have 11 been vested in the Department of Public Safety by the State 12 Police Radio Act. 13 3. To exercise the rights, powers and duties which have 14 been vested in the Department of Public Safety by the 15 Criminal Identification Act. 16 4. To (a) investigate the origins, activities, personnel 17 and incidents of crime and the ways and means to redress the 18 victims of crimes, and study the impact, if any, of 19 legislation relative to the effusion of crime and growing 20 crime rates, and enforce the criminal laws of this State 21 related thereto, (b) enforce all laws regulating the 22 production, sale, prescribing, manufacturing, administering, 23 transporting, having in possession, dispensing, delivering, 24 distributing, or use of controlled substances and cannabis, 25 (c) employ skilled experts, scientists, technicians, 26 investigators or otherwise specially qualified persons to aid 27 in preventing or detecting crime, apprehending criminals, or 28 preparing and presenting evidence of violations of the 29 criminal laws of the State, (d) cooperate with the police of 30 cities, villages and incorporated towns, and with the police 31 officers of any county, in enforcing the laws of the State 32 and in making arrests and recovering property, (e) apprehend 33 and deliver up any person charged in this State or any other 34 State of the United States with treason, felony, or other HB1383 Enrolled -23- LRB9103127MWgc 1 crime, who has fled from justice and is found in this State, 2 and (f) conduct such other investigations as may be provided 3 by law. Persons exercising these powers within the Department 4 are conservators of the peace and as such have all the powers 5 possessed by policemen in cities and sheriffs, except that 6 they may exercise such powers anywhere in the State in 7 cooperation with and after contact with the local law 8 enforcement officials. Such persons may use false or 9 fictitious names in the performance of their duties under 10 this paragraph, upon approval of the Director, and shall not 11 be subject to prosecution under the criminal laws for such 12 use. 13 5. To: (a) be a central repository and custodian of 14 criminal statistics for the State, (b) be a central 15 repository for criminal history record information, (c) 16 procure and file for record such information as is necessary 17 and helpful to plan programs of crime prevention, law 18 enforcement and criminal justice, (d) procure and file for 19 record such copies of fingerprints, as may be required by 20 law, (e) establish general and field crime laboratories, (f) 21 register and file for record such information as may be 22 required by law for the issuance of firearm owner's 23 identification cards, (g) employ polygraph operators, 24 laboratory technicians and other specially qualified persons 25 to aid in the identification of criminal activity, and (h) 26 undertake such other identification, information, laboratory, 27 statistical or registration activities as may be required by 28 law. 29 6. To (a) acquire and operate one or more radio 30 broadcasting stations in the State to be used for police 31 purposes, (b) operate a statewide communications network to 32 gather and disseminate information for law enforcement 33 agencies, (c) operate an electronic data processing and 34 computer center for the storage and retrieval of data HB1383 Enrolled -24- LRB9103127MWgc 1 pertaining to criminal activity, and (d) undertake such other 2 communication activities as may be required by law. 3 7. To provide, as may be required by law, assistance to 4 local law enforcement agencies through (a) training, 5 management and consultant services for local law enforcement 6 agencies, and (b) the pursuit of research and the publication 7 of studies pertaining to local law enforcement activities. 8 8. To exercise the rights, powers and duties which have 9 been vested in the Department of State Police and the 10 Director of the Department of State Police by the Narcotic 11 Control Division Abolition Act. 12 9. To exercise the rights, powers and duties which have 13 been vested in the Department of Public Safety by the 14 Illinois Vehicle Code. 15 10. To exercise the rights, powers and duties which have 16 been vested in the Department of Public Safety by the Firearm 17 Owners Identification Card Act. 18 11. To enforce and administer such other laws in 19 relation to law enforcement as may be vested in the 20 Department. 21 12. To transfer jurisdiction of any realty title to 22 which is held by the State of Illinois under the control of 23 the Department to any other department of the State 24 government or to the State Employees Housing Commission, or 25 to acquire or accept Federal land, when such transfer, 26 acquisition or acceptance is advantageous to the State and is 27 approved in writing by the Governor. 28 13. With the written approval of the Governor, to enter 29 into agreements with other departments created by this Act, 30 for the furlough of inmates of the penitentiary to such other 31 departments for their use in research programs being 32 conducted by them. 33 For the purpose of participating in such research 34 projects, the Department may extend the limits of any HB1383 Enrolled -25- LRB9103127MWgc 1 inmate's place of confinement, when there is reasonable cause 2 to believe that the inmate will honor his or her trust by 3 authorizing the inmate, under prescribed conditions, to leave 4 the confines of the place unaccompanied by a custodial agent 5 of the Department. The Department shall make rules governing 6 the transfer of the inmate to the requesting other department 7 having the approved research project, and the return of such 8 inmate to the unextended confines of the penitentiary. Such 9 transfer shall be made only with the consent of the inmate. 10 The willful failure of a prisoner to remain within the 11 extended limits of his or her confinement or to return within 12 the time or manner prescribed to the place of confinement 13 designated by the Department in granting such extension shall 14 be deemed an escape from custody of the Department and 15 punishable as provided in Section 3-6-4 of the Unified Code 16 of Corrections. 17 14. To provide investigative services, with all of the 18 powers possessed by policemen in cities and sheriffs, in and 19 around all race tracks subject to the Horse Racing Act of 20 1975. 21 15. To expend such sums as the Director deems necessary 22 from Contractual Services appropriations for the Division of 23 Criminal Investigation for the purchase of evidence and for 24 the employment of persons to obtain evidence. Such sums shall 25 be advanced to agents authorized by the Director to expend 26 funds, on vouchers signed by the Director. 27 16. To assist victims and witnesses in gang crime 28 prosecutions through the administration of funds appropriated 29 from the Gang Violence Victims and Witnesses Fund to the 30 Department. Such funds shall be appropriated to the 31 Department and shall only be used to assist victims and 32 witnesses in gang crime prosecutions and such assistance may 33 include any of the following: 34 (a) temporary living costs; HB1383 Enrolled -26- LRB9103127MWgc 1 (b) moving expenses; 2 (c) closing costs on the sale of private residence; 3 (d) first month's rent; 4 (e) security deposits; 5 (f) apartment location assistance; 6 (g) other expenses which the Department considers 7 appropriate; and 8 (h) compensation for any loss of or injury to real 9 or personal property resulting from a gang crime to a 10 maximum of $5,000, subject to the following provisions: 11 (1) in the case of loss of property, the 12 amount of compensation shall be measured by the 13 replacement cost of similar or like property which 14 has been incurred by and which is substantiated by 15 the property owner, 16 (2) in the case of injury to property, the 17 amount of compensation shall be measured by the cost 18 of repair incurred and which can be substantiated by 19 the property owner, 20 (3) compensation under this provision is a 21 secondary source of compensation and shall be 22 reduced by any amount the property owner receives 23 from any other source as compensation for the loss 24 or injury, including, but not limited to, personal 25 insurance coverage, 26 (4) no compensation may be awarded if the 27 property owner was an offender or an accomplice of 28 the offender, or if the award would unjustly benefit 29 the offender or offenders, or an accomplice of the 30 offender or offenders. 31 No victim or witness may receive such assistance if he or 32 she is not a part of or fails to fully cooperate in the 33 prosecution of gang crime members by law enforcement 34 authorities. HB1383 Enrolled -27- LRB9103127MWgc 1 The Department shall promulgate any rules necessary for 2 the implementation of this amendatory Act of 1985. 3 17. To conduct arson investigations. 4 18. To develop a separate statewide statistical police 5 contact record keeping system for the study of juvenile 6 delinquency. The records of this police contact system shall 7 be limited to statistical information. No individually 8 identifiable information shall be maintained in the police 9 contact statistical record system. 10 19. To develop a separate statewide central adjudicatory 11 and dispositional records system for persons under 19 years 12 of age who have been adjudicated delinquent minors and to 13 make information available to local registered participating 14 police youth officers so that police youth officers will be 15 able to obtain rapid access to the juvenile's background from 16 other jurisdictions to the end that the police youth officers 17 can make appropriate dispositions which will best serve the 18 interest of the child and the community. Information 19 maintained in the adjudicatory and dispositional record 20 system shall be limited to the incidents or offenses for 21 which the minor was adjudicated delinquent by a court, and a 22 copy of the court's dispositional order. All individually 23 identifiable records in the adjudicatory and dispositional 24 records system shall be destroyed when the person reaches 19 25 years of age. 26 20. To develop rules which guarantee the confidentiality 27 of such individually identifiable adjudicatory and 28 dispositional records except when used for the following: 29 (a) by authorized juvenile court personnel or the 30 State's Attorney in connection with proceedings under the 31 Juvenile Court Act of 1987; or 32 (b) inquiries from registered police youth 33 officers. 34 For the purposes of this Act "police youth officer" means HB1383 Enrolled -28- LRB9103127MWgc 1 a member of a duly organized State, county or municipal 2 police force who is assigned by his or her Superintendent, 3 Sheriff or chief of police, as the case may be, to specialize 4 in youth problems. 5 21. To develop administrative rules and administrative 6 hearing procedures which allow a minor, his or her attorney, 7 and his or her parents or guardian access to individually 8 identifiable adjudicatory and dispositional records for the 9 purpose of determining or challenging the accuracy of the 10 records. Final administrative decisions shall be subject to 11 the provisions of the Administrative Review Law. 12 22. To charge, collect, and receive fees or moneys 13 equivalent to the cost of providing Department of State 14 Police personnel, equipment, and services to local 15 governmental agencies when explicitly requested by a local 16 governmental agency and pursuant to an intergovernmental 17 agreement as provided by this Section, other State agencies, 18 and federal agencies, including but not limited to fees or 19 moneys equivalent to the cost of providing dispatching 20 services, radio and radar repair, and training to local 21 governmental agencies on such terms and conditions as in the 22 judgment of the Director are in the best interest of the 23 State; and to establish, charge, collect and receive fees or 24 moneys based on the cost of providing responses to requests 25 for criminal history record information pursuant to positive 26 identification and any Illinois or federal law authorizing 27 access to some aspect of such information and to prescribe 28 the form and manner for requesting and furnishing such 29 information to the requestor on such terms and conditions as 30 in the judgment of the Director are in the best interest of 31 the State, provided fees for requesting and furnishing 32 criminal history record information may be waived for 33 requests in the due administration of the criminal laws. The 34 Department may also charge, collect and receive fees or HB1383 Enrolled -29- LRB9103127MWgc 1 moneys equivalent to the cost of providing electronic data 2 processing lines or related telecommunication services to 3 local governments, but only when such services can be 4 provided by the Department at a cost less than that 5 experienced by said local governments through other means. 6 All services provided by the Department shall be conducted 7 pursuant to contracts in accordance with the 8 Intergovernmental Cooperation Act, and all telecommunication 9 services shall be provided pursuant to the provisions of 10 Section 67.18 of this Code. 11 All fees received by the Department of State Police under 12 this Act or the Illinois Uniform Conviction Information Act 13 shall be deposited in a special fund in the State Treasury to 14 be known as the State Police Services Fund. The money 15 deposited in the State Police Services Fund shall be 16 appropriated to the Department of State Police for expenses 17 of the Department of State Police. 18 Upon the completion of any audit of the Department of 19 State Police as prescribed by the Illinois State Auditing 20 Act, which audit includes an audit of the State Police 21 Services Fund, the Department of State Police shall make the 22 audit open to inspection by any interested person. 23 23. To exercise the powers and perform the duties which 24 have been vested in the Department of State Police by the 25 Intergovernmental Missing Child Recovery Act of 1984, and to 26 establish reasonable rules and regulations necessitated 27 thereby. 28 24. (a) To establish and maintain a statewide Law 29 Enforcement Agencies Data System (LEADS) for the purpose of 30 providing electronic access by authorized entities to 31 criminal justice data repositories and effecting an immediate 32 law enforcement response to reports of missing persons, 33 including lost, missing or runaway minors. The Department 34 shall implement an automatic data exchange system to compile, HB1383 Enrolled -30- LRB9103127MWgc 1 to maintain and to make available to other law enforcement 2 agencies for immediate dissemination data which can assist 3 appropriate agencies in recovering missing persons and 4 provide access by authorized entities to various data 5 repositories available through LEADS for criminal justice and 6 related purposes. To assist the Department in this effort, 7 funds may be appropriated from the LEADS Maintenance Fund. 8 (b) In exercising its duties under this subsection, the 9 Department shall: 10 (1) provide a uniform reporting format for the 11 entry of pertinent information regarding the report of a 12 missing person into LEADS; 13 (2) develop and implement a policy whereby a 14 statewide or regional alert would be used in situations 15 relating to the disappearances of individuals, based on 16 criteria and in a format established by the Department. 17 Such a format shall include, but not be limited to, the 18 age of the missing person and the suspected circumstance 19 of the disappearance; 20 (3) notify all law enforcement agencies that 21 reports of missing persons shall be entered as soon as 22 the minimum level of data specified by the Department is 23 available to the reporting agency, and that no waiting 24 period for the entry of such data exists; 25 (4) compile and retain information regarding lost, 26 abducted, missing or runaway minors in a separate data 27 file, in a manner that allows such information to be used 28 by law enforcement and other agencies deemed appropriate 29 by the Director, for investigative purposes. Such 30 information shall include the disposition of all reported 31 lost, abducted, missing or runaway minor cases; 32 (5) compile and maintain an historic data 33 repository relating to lost, abducted, missing or runaway 34 minors and other missing persons in order to develop and HB1383 Enrolled -31- LRB9103127MWgc 1 improve techniques utilized by law enforcement agencies 2 when responding to reports of missing persons; and 3 (6) create a quality control program regarding 4 confirmation of missing person data, timeliness of 5 entries of missing person reports into LEADS and 6 performance audits of all entering agencies. 7 25. On request of a school board or regional 8 superintendent of schools, to conduct an inquiry pursuant to 9 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 10 an applicant for employment in a school district has been 11 convicted of any criminal or drug offenses enumerated in 12 Section 10-21.9 or 34-18.5 of the School Code. The 13 Department shall furnish such conviction information to the 14 President of the school board of the school district which 15 has requested the information, or if the information was 16 requested by the regional superintendent to that regional 17 superintendent. 18 26. To promulgate rules and regulations necessary for 19 the administration and enforcement of its powers and duties, 20 wherever granted and imposed, pursuant to the Illinois 21 Administrative Procedure Act. 22 27. To (a) promulgate rules pertaining to the 23 certification, revocation of certification and training of 24 law enforcement officers as electronic criminal surveillance 25 officers, (b) provide training and technical assistance to 26 State's Attorneys and local law enforcement agencies 27 pertaining to the interception of private oral 28 communications, (c) promulgate rules necessary for the 29 administration of Article 108B of the Code of Criminal 30 Procedure of 1963, including but not limited to standards for 31 recording and minimization of electronic criminal 32 surveillance intercepts, documentation required to be 33 maintained during an intercept, procedures in relation to 34 evidence developed by an intercept, and (d) charge a HB1383 Enrolled -32- LRB9103127MWgc 1 reasonable fee to each law enforcement agency that sends 2 officers to receive training as electronic criminal 3 surveillance officers. 4 28. Upon the request of any private organization which 5 devotes a major portion of its time to the provision of 6 recreational, social, educational or child safety services to 7 children, to conduct, pursuant to positive identification, 8 criminal background investigations of all of that 9 organization's current employees, current volunteers, 10 prospective employees or prospective volunteers charged with 11 the care and custody of children during the provision of the 12 organization's services, and to report to the requesting 13 organization any record of convictions maintained in the 14 Department's files about such persons. The Department shall 15 charge an application fee, based on actual costs, for the 16 dissemination of conviction information pursuant to this 17 subsection. The Department is empowered to establish this 18 fee and shall prescribe the form and manner for requesting 19 and furnishing conviction information pursuant to this 20 subsection. Information received by the organization from the 21 Department concerning an individual shall be provided to such 22 individual. Any such information obtained by the 23 organization shall be confidential and may not be transmitted 24 outside the organization and may not be transmitted to anyone 25 within the organization except as needed for the purpose of 26 evaluating the individual. Only information and standards 27 which bear a reasonable and rational relation to the 28 performance of child care shall be used by the organization. 29 Any employee of the Department or any member, employee or 30 volunteer of the organization receiving confidential 31 information under this subsection who gives or causes to be 32 given any confidential information concerning any criminal 33 convictions of an individual shall be guilty of a Class A 34 misdemeanor unless release of such information is authorized HB1383 Enrolled -33- LRB9103127MWgc 1 by this subsection. 2 29. Upon the request of the Department of Children and 3 Family Services, to investigate reports of child abuse or 4 neglect. 5 30. To obtain registration of a fictitious vital record 6 pursuant to Section 15.1 of the Vital Records Act. 7 31. To collect and disseminate information relating to 8 "hate crimes" as defined under Section 12-7.1 of the Criminal 9 Code of 1961 contingent upon the availability of State or 10 Federal funds to revise and upgrade the Illinois Uniform 11 Crime Reporting System. All law enforcement agencies shall 12 report monthly to the Department of State Police concerning 13 such offenses in such form and in such manner as may be 14 prescribed by rules and regulations adopted by the Department 15 of State Police. Such information shall be compiled by the 16 Department and be disseminated upon request to any local law 17 enforcement agency, unit of local government, or state 18 agency. Dissemination of such information shall be subject 19 to all confidentiality requirements otherwise imposed by law. 20 The Department of State Police shall provide training for 21 State Police officers in identifying, responding to, and 22 reporting all hate crimes. The IllinoisLocal Governmental23 Law EnforcementOfficer'sTraining Standards Board shall 24 develop and certify a course of such training to be made 25 available to local law enforcement officers. 26 32. Upon the request of a private carrier company that 27 provides transportation under Section 28b of the Metropolitan 28 Transit Authority Act, to ascertain if an applicant for a 29 driver position has been convicted of any criminal or drug 30 offense enumerated in Section 28b of the Metropolitan Transit 31 Authority Act. The Department shall furnish the conviction 32 information to the private carrier company that requested the 33 information. 34 33. To apply for grants or contracts, receive, expend, HB1383 Enrolled -34- LRB9103127MWgc 1 allocate, or disburse funds and moneys made available by 2 public or private entities, including, but not limited to, 3 contracts, bequests, grants, or receiving equipment from 4 corporations, foundations, or public or private institutions 5 of higher learning. All funds received by the Department 6 from these sources shall be deposited into the appropriate 7 fund in the State Treasury to be appropriated to the 8 Department for purposes as indicated by the grantor or 9 contractor or, in the case of funds or moneys bequeathed or 10 granted for no specific purpose, for any purpose as deemed 11 appropriate by the Director in administering the 12 responsibilities of the Department. 13 34. Upon the request of the Department of Children and 14 Family Services, the Department of State Police shall provide 15 properly designated employees of the Department of Children 16 and Family Services with criminal history record information 17 as defined in the Illinois Uniform Conviction Information Act 18 and information maintained in the adjudicatory and 19 dispositional record system as defined in subdivision (A)19 20 of this Section if the Department of Children and Family 21 Services determines the information is necessary to perform 22 its duties under the Abused and Neglected Child Reporting 23 Act, the Child Care Act of 1969, and the Children and Family 24 Services Act. The request shall be in the form and manner 25 specified by the Department of State Police. 26 35. The Illinois Department of Public Aid is an 27 authorized entity under this Section for the purpose of 28 obtaining access to various data repositories available 29 through LEADS, to facilitate the location of individuals for 30 establishing paternity, and establishing, modifying, and 31 enforcing child support obligations, pursuant to the Illinois 32 Public Aid Code and Title IV, Part D of the Social Security 33 Act. The Department shall enter into an agreement with the 34 Illinois Department of Public Aid consistent with these HB1383 Enrolled -35- LRB9103127MWgc 1 purposes. 2 36. Upon request of the Department of Human Services, to 3 conduct an assessment and evaluation of sexually violent 4 persons as mandated by the Sexually Violent Persons 5 Commitment Act, the Department shall furnish criminal history 6 information maintained on the requested person. The request 7 shall be in the form and manner specified by the Department. 8 37. To exercise the powers and perform the duties 9 specifically assigned to the Department under the Wireless 10 Emergency Telephone Safety Act with respect to the 11 development and improvement of emergency communications 12 procedures and facilities in such a manner as to facilitate a 13 quick response to any person calling the number "9-1-1" 14 seeking police, fire, medical, or other emergency services 15 through a wireless carrier as defined in Section 10 of the 16 Wireless Emergency Telephone Safety Act. Nothing in the 17 Wireless Emergency Telephone Safety Act shall require the 18 Illinois State Police to provide wireless enhanced 9-1-1 19 services. 20 (B) The Department of State Police may establish and 21 maintain, within the Department of State Police, a Statewide 22 Organized Criminal Gang Database (SWORD) for the purpose of 23 tracking organized criminal gangs and their memberships. 24 Information in the database may include, but not be limited 25 to, the name, last known address, birth date, physical 26 descriptions (such as scars, marks, or tattoos), officer 27 safety information, organized gang affiliation, and entering 28 agency identifier. The Department may develop, in 29 consultation with the Criminal Justice Information Authority, 30 and in a form and manner prescribed by the Department, an 31 automated data exchange system to compile, to maintain, and 32 to make this information electronically available to 33 prosecutors and to other law enforcement agencies. The 34 information may be used by authorized agencies to combat the HB1383 Enrolled -36- LRB9103127MWgc 1 operations of organized criminal gangs statewide. 2 (C) The Department of State Police may ascertain the 3 number of bilingual police officers and other personnel 4 needed to provide services in a language other than English 5 and may establish, under applicable personnel rules and 6 Department guidelines or through a collective bargaining 7 agreement, a bilingual pay supplement program. 8 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 9 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff. 10 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) 11 (Text of Section after amendment by P.A. 90-590) 12 Sec. 55a. Powers and duties. 13 (A) The Department of State Police shall have the 14 following powers and duties, and those set forth in Sections 15 55a-1 through 55c: 16 1. To exercise the rights, powers and duties which have 17 been vested in the Department of Public Safety by the State 18 Police Act. 19 2. To exercise the rights, powers and duties which have 20 been vested in the Department of Public Safety by the State 21 Police Radio Act. 22 3. To exercise the rights, powers and duties which have 23 been vested in the Department of Public Safety by the 24 Criminal Identification Act. 25 4. To (a) investigate the origins, activities, personnel 26 and incidents of crime and the ways and means to redress the 27 victims of crimes, and study the impact, if any, of 28 legislation relative to the effusion of crime and growing 29 crime rates, and enforce the criminal laws of this State 30 related thereto, (b) enforce all laws regulating the 31 production, sale, prescribing, manufacturing, administering, 32 transporting, having in possession, dispensing, delivering, 33 distributing, or use of controlled substances and cannabis, 34 (c) employ skilled experts, scientists, technicians, HB1383 Enrolled -37- LRB9103127MWgc 1 investigators or otherwise specially qualified persons to aid 2 in preventing or detecting crime, apprehending criminals, or 3 preparing and presenting evidence of violations of the 4 criminal laws of the State, (d) cooperate with the police of 5 cities, villages and incorporated towns, and with the police 6 officers of any county, in enforcing the laws of the State 7 and in making arrests and recovering property, (e) apprehend 8 and deliver up any person charged in this State or any other 9 State of the United States with treason, felony, or other 10 crime, who has fled from justice and is found in this State, 11 and (f) conduct such other investigations as may be provided 12 by law. Persons exercising these powers within the Department 13 are conservators of the peace and as such have all the powers 14 possessed by policemen in cities and sheriffs, except that 15 they may exercise such powers anywhere in the State in 16 cooperation with and after contact with the local law 17 enforcement officials. Such persons may use false or 18 fictitious names in the performance of their duties under 19 this paragraph, upon approval of the Director, and shall not 20 be subject to prosecution under the criminal laws for such 21 use. 22 5. To: (a) be a central repository and custodian of 23 criminal statistics for the State, (b) be a central 24 repository for criminal history record information, (c) 25 procure and file for record such information as is necessary 26 and helpful to plan programs of crime prevention, law 27 enforcement and criminal justice, (d) procure and file for 28 record such copies of fingerprints, as may be required by 29 law, (e) establish general and field crime laboratories, (f) 30 register and file for record such information as may be 31 required by law for the issuance of firearm owner's 32 identification cards, (g) employ polygraph operators, 33 laboratory technicians and other specially qualified persons 34 to aid in the identification of criminal activity, and (h) HB1383 Enrolled -38- LRB9103127MWgc 1 undertake such other identification, information, laboratory, 2 statistical or registration activities as may be required by 3 law. 4 6. To (a) acquire and operate one or more radio 5 broadcasting stations in the State to be used for police 6 purposes, (b) operate a statewide communications network to 7 gather and disseminate information for law enforcement 8 agencies, (c) operate an electronic data processing and 9 computer center for the storage and retrieval of data 10 pertaining to criminal activity, and (d) undertake such other 11 communication activities as may be required by law. 12 7. To provide, as may be required by law, assistance to 13 local law enforcement agencies through (a) training, 14 management and consultant services for local law enforcement 15 agencies, and (b) the pursuit of research and the publication 16 of studies pertaining to local law enforcement activities. 17 8. To exercise the rights, powers and duties which have 18 been vested in the Department of State Police and the 19 Director of the Department of State Police by the Narcotic 20 Control Division Abolition Act. 21 9. To exercise the rights, powers and duties which have 22 been vested in the Department of Public Safety by the 23 Illinois Vehicle Code. 24 10. To exercise the rights, powers and duties which have 25 been vested in the Department of Public Safety by the Firearm 26 Owners Identification Card Act. 27 11. To enforce and administer such other laws in 28 relation to law enforcement as may be vested in the 29 Department. 30 12. To transfer jurisdiction of any realty title to 31 which is held by the State of Illinois under the control of 32 the Department to any other department of the State 33 government or to the State Employees Housing Commission, or 34 to acquire or accept Federal land, when such transfer, HB1383 Enrolled -39- LRB9103127MWgc 1 acquisition or acceptance is advantageous to the State and is 2 approved in writing by the Governor. 3 13. With the written approval of the Governor, to enter 4 into agreements with other departments created by this Act, 5 for the furlough of inmates of the penitentiary to such other 6 departments for their use in research programs being 7 conducted by them. 8 For the purpose of participating in such research 9 projects, the Department may extend the limits of any 10 inmate's place of confinement, when there is reasonable cause 11 to believe that the inmate will honor his or her trust by 12 authorizing the inmate, under prescribed conditions, to leave 13 the confines of the place unaccompanied by a custodial agent 14 of the Department. The Department shall make rules governing 15 the transfer of the inmate to the requesting other department 16 having the approved research project, and the return of such 17 inmate to the unextended confines of the penitentiary. Such 18 transfer shall be made only with the consent of the inmate. 19 The willful failure of a prisoner to remain within the 20 extended limits of his or her confinement or to return within 21 the time or manner prescribed to the place of confinement 22 designated by the Department in granting such extension shall 23 be deemed an escape from custody of the Department and 24 punishable as provided in Section 3-6-4 of the Unified Code 25 of Corrections. 26 14. To provide investigative services, with all of the 27 powers possessed by policemen in cities and sheriffs, in and 28 around all race tracks subject to the Horse Racing Act of 29 1975. 30 15. To expend such sums as the Director deems necessary 31 from Contractual Services appropriations for the Division of 32 Criminal Investigation for the purchase of evidence and for 33 the employment of persons to obtain evidence. Such sums shall 34 be advanced to agents authorized by the Director to expend HB1383 Enrolled -40- LRB9103127MWgc 1 funds, on vouchers signed by the Director. 2 16. To assist victims and witnesses in gang crime 3 prosecutions through the administration of funds appropriated 4 from the Gang Violence Victims and Witnesses Fund to the 5 Department. Such funds shall be appropriated to the 6 Department and shall only be used to assist victims and 7 witnesses in gang crime prosecutions and such assistance may 8 include any of the following: 9 (a) temporary living costs; 10 (b) moving expenses; 11 (c) closing costs on the sale of private residence; 12 (d) first month's rent; 13 (e) security deposits; 14 (f) apartment location assistance; 15 (g) other expenses which the Department considers 16 appropriate; and 17 (h) compensation for any loss of or injury to real 18 or personal property resulting from a gang crime to a 19 maximum of $5,000, subject to the following provisions: 20 (1) in the case of loss of property, the 21 amount of compensation shall be measured by the 22 replacement cost of similar or like property which 23 has been incurred by and which is substantiated by 24 the property owner, 25 (2) in the case of injury to property, the 26 amount of compensation shall be measured by the cost 27 of repair incurred and which can be substantiated by 28 the property owner, 29 (3) compensation under this provision is a 30 secondary source of compensation and shall be 31 reduced by any amount the property owner receives 32 from any other source as compensation for the loss 33 or injury, including, but not limited to, personal 34 insurance coverage, HB1383 Enrolled -41- LRB9103127MWgc 1 (4) no compensation may be awarded if the 2 property owner was an offender or an accomplice of 3 the offender, or if the award would unjustly benefit 4 the offender or offenders, or an accomplice of the 5 offender or offenders. 6 No victim or witness may receive such assistance if he or 7 she is not a part of or fails to fully cooperate in the 8 prosecution of gang crime members by law enforcement 9 authorities. 10 The Department shall promulgate any rules necessary for 11 the implementation of this amendatory Act of 1985. 12 17. To conduct arson investigations. 13 18. To develop a separate statewide statistical police 14 contact record keeping system for the study of juvenile 15 delinquency. The records of this police contact system shall 16 be limited to statistical information. No individually 17 identifiable information shall be maintained in the police 18 contact statistical record system. 19 19. To develop a separate statewide central juvenile 20 records system for persons arrested prior to the age of 17 21 under Section 5-401 of the Juvenile Court Act of 1987 or 22 adjudicated delinquent minors and to make information 23 available to local law enforcement officers so that law 24 enforcement officers will be able to obtain rapid access to 25 the background of the minor from other jurisdictions to the 26 end that the juvenile police officers can make appropriate 27 decisions which will best serve the interest of the child and 28 the community. The Department shall submit a quarterly 29 report to the General Assembly and Governor which shall 30 contain the number of juvenile records that the Department 31 has received in that quarter and,a list, by category, of 32 offenses that minors were arrested for or convicted of by 33 age, race and gender. 34 20. To develop rules which guarantee the confidentiality HB1383 Enrolled -42- LRB9103127MWgc 1 of such individually identifiable juvenile records except to 2 juvenile authorities who request information concerning the 3 minor and who certify in writing that the information will 4 not be disclosed to any other party except as provided under 5 law or order of court. For purposes of this Section, 6 "juvenile authorities" means: (i) a judge of the circuit 7 court and members of the staff of the court designated by the 8 judge; (ii) parties to the proceedings under the Juvenile 9 Court Act of 1987 and their attorneys; (iii) probation 10 officers and court appointed advocates for the juvenile 11 authorized by the judge hearing the case; (iv) any individual 12 or,public orofprivate agency having custody of the child 13 pursuant to court order; (v) any individual or,public or 14 private agency providing education, medical or mental health 15 service to the child when the requested information is needed 16 to determine the appropriate service or treatment for the 17 minor; (vi) any potential placement provider when such 18 release is authorized by the court for the limited purpose of 19 determining the appropriateness of the potential placement; 20 (vii) law enforcement officers and prosecutors; (viii) adult 21 and juvenile prisoner review boards; (ix) authorized military 22 personnel; (x) individuals authorized by court; (xi) the 23 Illinois General Assembly or any committee or commission 24 thereof. 25 21. To develop administrative rules and administrative 26 hearing procedures which allow a minor, his or her attorney, 27 and his or her parents or guardian access to individually 28 identifiable juvenile records for the purpose of determining 29 or challenging the accuracy of the records. Final 30 administrative decisions shall be subject to the provisions 31 of the Administrative Review Law. 32 22. To charge, collect, and receive fees or moneys 33 equivalent to the cost of providing Department of State 34 Police personnel, equipment, and services to local HB1383 Enrolled -43- LRB9103127MWgc 1 governmental agencies when explicitly requested by a local 2 governmental agency and pursuant to an intergovernmental 3 agreement as provided by this Section, other State agencies, 4 and federal agencies, including but not limited to fees or 5 moneys equivalent to the cost of providing dispatching 6 services, radio and radar repair, and training to local 7 governmental agencies on such terms and conditions as in the 8 judgment of the Director are in the best interest of the 9 State; and to establish, charge, collect and receive fees or 10 moneys based on the cost of providing responses to requests 11 for criminal history record information pursuant to positive 12 identification and any Illinois or federal law authorizing 13 access to some aspect of such information and to prescribe 14 the form and manner for requesting and furnishing such 15 information to the requestor on such terms and conditions as 16 in the judgment of the Director are in the best interest of 17 the State, provided fees for requesting and furnishing 18 criminal history record information may be waived for 19 requests in the due administration of the criminal laws. The 20 Department may also charge, collect and receive fees or 21 moneys equivalent to the cost of providing electronic data 22 processing lines or related telecommunication services to 23 local governments, but only when such services can be 24 provided by the Department at a cost less than that 25 experienced by said local governments through other means. 26 All services provided by the Department shall be conducted 27 pursuant to contracts in accordance with the 28 Intergovernmental Cooperation Act, and all telecommunication 29 services shall be provided pursuant to the provisions of 30 Section 67.18 of this Code. 31 All fees received by the Department of State Police under 32 this Act or the Illinois Uniform Conviction Information Act 33 shall be deposited in a special fund in the State Treasury to 34 be known as the State Police Services Fund. The money HB1383 Enrolled -44- LRB9103127MWgc 1 deposited in the State Police Services Fund shall be 2 appropriated to the Department of State Police for expenses 3 of the Department of State Police. 4 Upon the completion of any audit of the Department of 5 State Police as prescribed by the Illinois State Auditing 6 Act, which audit includes an audit of the State Police 7 Services Fund, the Department of State Police shall make the 8 audit open to inspection by any interested person. 9 23. To exercise the powers and perform the duties which 10 have been vested in the Department of State Police by the 11 Intergovernmental Missing Child Recovery Act of 1984, and to 12 establish reasonable rules and regulations necessitated 13 thereby. 14 24. (a) To establish and maintain a statewide Law 15 Enforcement Agencies Data System (LEADS) for the purpose of 16 providing electronic access by authorized entities to 17 criminal justice data repositories and effecting an immediate 18 law enforcement response to reports of missing persons, 19 including lost, missing or runaway minors. The Department 20 shall implement an automatic data exchange system to compile, 21 to maintain and to make available to other law enforcement 22 agencies for immediate dissemination data which can assist 23 appropriate agencies in recovering missing persons and 24 provide access by authorized entities to various data 25 repositories available through LEADS for criminal justice and 26 related purposes. To assist the Department in this effort, 27 funds may be appropriated from the LEADS Maintenance Fund. 28 (b) In exercising its duties under this subsection, the 29 Department shall: 30 (1) provide a uniform reporting format for the 31 entry of pertinent information regarding the report of a 32 missing person into LEADS; 33 (2) develop and implement a policy whereby a 34 statewide or regional alert would be used in situations HB1383 Enrolled -45- LRB9103127MWgc 1 relating to the disappearances of individuals, based on 2 criteria and in a format established by the Department. 3 Such a format shall include, but not be limited to, the 4 age of the missing person and the suspected circumstance 5 of the disappearance; 6 (3) notify all law enforcement agencies that 7 reports of missing persons shall be entered as soon as 8 the minimum level of data specified by the Department is 9 available to the reporting agency, and that no waiting 10 period for the entry of such data exists; 11 (4) compile and retain information regarding lost, 12 abducted, missing or runaway minors in a separate data 13 file, in a manner that allows such information to be used 14 by law enforcement and other agencies deemed appropriate 15 by the Director, for investigative purposes. Such 16 information shall include the disposition of all reported 17 lost, abducted, missing or runaway minor cases; 18 (5) compile and maintain an historic data 19 repository relating to lost, abducted, missing or runaway 20 minors and other missing persons in order to develop and 21 improve techniques utilized by law enforcement agencies 22 when responding to reports of missing persons; and 23 (6) create a quality control program regarding 24 confirmation of missing person data, timeliness of 25 entries of missing person reports into LEADS and 26 performance audits of all entering agencies. 27 25. On request of a school board or regional 28 superintendent of schools, to conduct an inquiry pursuant to 29 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 30 an applicant for employment in a school district has been 31 convicted of any criminal or drug offenses enumerated in 32 Section 10-21.9 or 34-18.5 of the School Code. The 33 Department shall furnish such conviction information to the 34 President of the school board of the school district which HB1383 Enrolled -46- LRB9103127MWgc 1 has requested the information, or if the information was 2 requested by the regional superintendent to that regional 3 superintendent. 4 26. To promulgate rules and regulations necessary for 5 the administration and enforcement of its powers and duties, 6 wherever granted and imposed, pursuant to the Illinois 7 Administrative Procedure Act. 8 27. To (a) promulgate rules pertaining to the 9 certification, revocation of certification and training of 10 law enforcement officers as electronic criminal surveillance 11 officers, (b) provide training and technical assistance to 12 State's Attorneys and local law enforcement agencies 13 pertaining to the interception of private oral 14 communications, (c) promulgate rules necessary for the 15 administration of Article 108B of the Code of Criminal 16 Procedure of 1963, including but not limited to standards for 17 recording and minimization of electronic criminal 18 surveillance intercepts, documentation required to be 19 maintained during an intercept, procedures in relation to 20 evidence developed by an intercept, and (d) charge a 21 reasonable fee to each law enforcement agency that sends 22 officers to receive training as electronic criminal 23 surveillance officers. 24 28. Upon the request of any private organization which 25 devotes a major portion of its time to the provision of 26 recreational, social, educational or child safety services to 27 children, to conduct, pursuant to positive identification, 28 criminal background investigations of all of that 29 organization's current employees, current volunteers, 30 prospective employees or prospective volunteers charged with 31 the care and custody of children during the provision of the 32 organization's services, and to report to the requesting 33 organization any record of convictions maintained in the 34 Department's files about such persons. The Department shall HB1383 Enrolled -47- LRB9103127MWgc 1 charge an application fee, based on actual costs, for the 2 dissemination of conviction information pursuant to this 3 subsection. The Department is empowered to establish this 4 fee and shall prescribe the form and manner for requesting 5 and furnishing conviction information pursuant to this 6 subsection. Information received by the organization from the 7 Department concerning an individual shall be provided to such 8 individual. Any such information obtained by the 9 organization shall be confidential and may not be transmitted 10 outside the organization and may not be transmitted to anyone 11 within the organization except as needed for the purpose of 12 evaluating the individual. Only information and standards 13 which bear a reasonable and rational relation to the 14 performance of child care shall be used by the organization. 15 Any employee of the Department or any member, employee or 16 volunteer of the organization receiving confidential 17 information under this subsection who gives or causes to be 18 given any confidential information concerning any criminal 19 convictions of an individual shall be guilty of a Class A 20 misdemeanor unless release of such information is authorized 21 by this subsection. 22 29. Upon the request of the Department of Children and 23 Family Services, to investigate reports of child abuse or 24 neglect. 25 30. To obtain registration of a fictitious vital record 26 pursuant to Section 15.1 of the Vital Records Act. 27 31. To collect and disseminate information relating to 28 "hate crimes" as defined under Section 12-7.1 of the Criminal 29 Code of 1961 contingent upon the availability of State or 30 Federal funds to revise and upgrade the Illinois Uniform 31 Crime Reporting System. All law enforcement agencies shall 32 report monthly to the Department of State Police concerning 33 such offenses in such form and in such manner as may be 34 prescribed by rules and regulations adopted by the Department HB1383 Enrolled -48- LRB9103127MWgc 1 of State Police. Such information shall be compiled by the 2 Department and be disseminated upon request to any local law 3 enforcement agency, unit of local government, or state 4 agency. Dissemination of such information shall be subject 5 to all confidentiality requirements otherwise imposed by law. 6 The Department of State Police shall provide training for 7 State Police officers in identifying, responding to, and 8 reporting all hate crimes. The Illinois Law Enforcement 9 Training Standards Board shall develop and certify a course 10 of such training to be made available to local law 11 enforcement officers. 12 32. Upon the request of a private carrier company that 13 provides transportation under Section 28b of the Metropolitan 14 Transit Authority Act, to ascertain if an applicant for a 15 driver position has been convicted of any criminal or drug 16 offense enumerated in Section 28b of the Metropolitan Transit 17 Authority Act. The Department shall furnish the conviction 18 information to the private carrier company that requested the 19 information. 20 33. To apply for grants or contracts, receive, expend, 21 allocate, or disburse funds and moneys made available by 22 public or private entities, including, but not limited to, 23 contracts, bequests, grants, or receiving equipment from 24 corporations, foundations, or public or private institutions 25 of higher learning. All funds received by the Department 26 from these sources shall be deposited into the appropriate 27 fund in the State Treasury to be appropriated to the 28 Department for purposes as indicated by the grantor or 29 contractor or, in the case of funds or moneys bequeathed or 30 granted for no specific purpose, for any purpose as deemed 31 appropriate by the Director in administering the 32 responsibilities of the Department. 33 34. Upon the request of the Department of Children and 34 Family Services, the Department of State Police shall provide HB1383 Enrolled -49- LRB9103127MWgc 1 properly designated employees of the Department of Children 2 and Family Services with criminal history record information 3 as defined in the Illinois Uniform Conviction Information Act 4 and information maintained in the Statewide Central Juvenile 5 record system as defined in subdivision (A)19 of this Section 6 if the Department of Children and Family Services determines 7 the information is necessary to perform its duties under the 8 Abused and Neglected Child Reporting Act, the Child Care Act 9 of 1969, and the Children and Family Services Act. The 10 request shall be in the form and manner specified by the 11 Department of State Police. 12 35. The Illinois Department of Public Aid is an 13 authorized entity under this Section for the purpose of 14 exchanging information, in the form and manner required by 15 the Department of State Police,obtaining access to various16data repositories available through LEADS,to facilitate the 17 location of individuals for establishing paternity, and 18 establishing, modifying, and enforcing child support 19 obligations, pursuant to the Illinois Public Aid Code and 20 Title IV, PartSectionD of the Social Security Act.The21Department shall enter into an agreement with the Illinois22Department of Public Aid consistent with these purposes.23 36. Upon request of the Department of Human Services, to 24 conduct an assessment and evaluation of sexually violent 25 persons as mandated by the Sexually Violent Persons 26 Commitment Act, the Department shall furnish criminal history 27 information maintained on the requested person. The request 28 shall be in the form and manner specified by the Department. 29 37. To exercise the powers and perform the duties 30 specifically assigned to the Department under the Wireless 31 Emergency Telephone Safety Act with respect to the 32 development and improvement of emergency communications 33 procedures and facilities in such a manner as to facilitate a 34 quick response to any person calling the number "9-1-1" HB1383 Enrolled -50- LRB9103127MWgc 1 seeking police, fire, medical, or other emergency services 2 through a wireless carrier as defined in Section 10 of the 3 Wireless Emergency Telephone Safety Act. Nothing in the 4 Wireless Emergency Telephone Safety Act shall require the 5 Illinois State Police to provide wireless enhanced 9-1-1 6 services. 7 (B) The Department of State Police may establish and 8 maintain, within the Department of State Police, a Statewide 9 Organized Criminal Gang Database (SWORD) for the purpose of 10 tracking organized criminal gangs and their memberships. 11 Information in the database may include, but not be limited 12 to, the name, last known address, birth date, physical 13 descriptions (such as scars, marks, or tattoos), officer 14 safety information, organized gang affiliation, and entering 15 agency identifier. The Department may develop, in 16 consultation with the Criminal Justice Information Authority, 17 and in a form and manner prescribed by the Department, an 18 automated data exchange system to compile, to maintain, and 19 to make this information electronically available to 20 prosecutors and to other law enforcement agencies. The 21 information may be used by authorized agencies to combat the 22 operations of organized criminal gangs statewide. 23 (C) The Department of State Police may ascertain the 24 number of bilingual police officers and other personnel 25 needed to provide services in a language other than English 26 and may establish, under applicable personnel rules and 27 Department guidelines or through a collective bargaining 28 agreement, a bilingual pay supplement program. 29 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 30 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 31 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 32 1-21-99.) 33 Section 810. The State Finance Act is amended by adding HB1383 Enrolled -51- LRB9103127MWgc 1 Sections 5.490, 5.491, 5.492, and 8.36 as follows: 2 (30 ILCS 105/5.490 new) 3 Sec. 5.490. Wireless Service Emergency Fund. 4 (30 ILCS 105/5.491 new) 5 Sec. 5.491. State Police Wireless Service Emergency 6 Fund. 7 (30 ILCS 105/5.492 new) 8 Sec. 5.492. Wireless Carrier Reimbursement Fund. 9 (30 ILCS 105/8.36 new) 10 Sec. 8.36. State Police Wireless Service Emergency Fund. 11 (a) The State Police Wireless Service Emergency Fund is 12 created as a special fund in the State Treasury. 13 (b) Grants to the Department of State Police from the 14 Wireless Service Emergency Fund shall be deposited into the 15 State Police Wireless Service Emergency Fund and shall be 16 used in accordance with Section 20 of the Wireless Emergency 17 Telephone Safety Act. 18 (c) On July 1, 1999, the State Comptroller and State 19 Treasurer shall transfer $1,300,000 from the General Revenue 20 Fund to the State Police Wireless Service Emergency Fund. On 21 June 30, 2003 the State Comptroller and State Treasurer shall 22 transfer $1,300,000 from the State Police Wireless Service 23 Emergency Fund to the General Revenue Fund. 24 Section 995. No acceleration or delay. Where this Act 25 makes changes in a statute that is represented in this Act by 26 text that is not yet or no longer in effect (for example, a 27 Section represented by multiple versions), the use of that 28 text does not accelerate or delay the taking effect of (i) 29 the changes made by this Act or (ii) provisions derived from HB1383 Enrolled -52- LRB9103127MWgc 1 any other Public Act. 2 Section 999. Effective date. This Act takes effect July 3 1, 1999.